Common use of Partial Exercise of Special Warrants; Fractions Clause in Contracts

Partial Exercise of Special Warrants; Fractions. (a) The holder of any Special Warrants may exercise its right to acquire Units in part and may thereby acquire a number of Units less than the aggregate number which the holder is entitled to acquire pursuant to the Special Warrant Certificate(s) surrendered in connection therewith; provided, however, that, in no event will fractional Underlying Shares or Underlying Warrants be issued with regard to the applicable Special Warrants exercised. In the event of any acquisition of a number of Units less than the number which the holder is entitled to acquire, the holder of the Special Warrants will, upon exercise thereof, be entitled to receive, without charge therefor, a new Special Warrant Certificate or Special Warrant Certificates or, if in uncertificated form, customer confirmation in the Book-Entry Only System or DRS Advice representing the balance of the Units which such holder was entitled to acquire pursuant to the surrendered Special Warrant Certificate(s) and which were not then acquired. (b) Notwithstanding anything contained in this Indenture, including any adjustment provided for in Article 4, the Company will not be required, upon the exercise of any Special Warrants to issue fractional Underlying Shares or Underlying Warrants or to issue certificates which evidence a fractional Underlying Share or Underlying Warrant. Any fractional Underlying Shares or Underlying Warrants will be rounded up to the next greater whole number if the fractional entitlement is equal to or greater than 0.5 and shall, without any additional compensation, be rounded down to the next lesser whole number if the fractional entitlement is less than 0.5 and, in calculating such fractional interest, all Underlying Shares or Underlying Warrants, as applicable, held by the holder shall be aggregated.

Partial Exercise of Special Warrants; Fractions. (a) a. The holder of any Special Warrants may exercise its right to acquire Units in part and may thereby acquire a number of Units Common Shares and Purchase Warrants less than the aggregate number which the holder is entitled to acquire pursuant to the Special surrendered Warrant Certificate(s) surrendered in connection therewith; provided, however, that, in no event will fractional Underlying Shares or Underlying Warrants be issued with regard to the applicable Special Warrants exercised). In the event of any acquisition exercise of a number of Units Special Warrants less than the number which the holder is entitled to acquireexercise, the holder of the Special Warrants will, upon such exercise thereof, shall also be entitled to receive, without charge therefor, a new Special Warrant Certificate or Special Warrant Certificates or, if Certificate(s) in uncertificated form, customer confirmation in the Book-Entry Only System or DRS Advice representing respect of the balance of the Units Special Warrants represented by the surrendered Warrant Certificate(s) not then exercised. In the absence of instructions to the contrary, such certificate shall be issued in the name of the registered holder of the surrendered Warrant Certificate and shall be mailed by first class mail to the address of such Warrantholder appearing on the Warrant Register. b. To the extent that the Warrantholder is entitled to receive on the exercise or partial exercise thereof a fraction of a Common Share or a Purchase Warrant, such right may only be exercised in respect of such fraction in combination with another Special Warrant or other Special Warrants which such holder was in the aggregate entitles the Warrantholder to receive a whole number of Common Shares or Purchase Warrants. If the Warrantholder is not able to or elects not to, combine Special Warrants so as to be entitled to acquire pursuant a whole number of Common Shares and Purchase Warrants, the Corporation shall make an appropriate cash settlement. However, in respect of any Warrantholder, the Corporation shall only be required to make such a cash adjustment once and for one Special Warrant and no more. The amount of the cash adjustment with respect to the surrendered Special Warrant Certificate(s) and which were not then acquired. (b) Notwithstanding anything contained in this Indenture, including any adjustment provided for in Article 4, the Company will not Common Share shall be required, upon the exercise of any Special Warrants to issue fractional Underlying Shares or Underlying Warrants or to issue certificates which evidence a fractional Underlying Share or Underlying Warrant. Any fractional Underlying Shares or Underlying Warrants will be rounded up equal to the next greater whole number if fraction of the fractional entitlement is Common Share to which the Warrantholder would be entitled multiplied by the Current Market Price. The amount of the cash adjustment with respect to the Purchase Warrants shall be equal to or greater than 0.5 and shall, without any additional compensation, the fraction of a Purchase Warrant to which the Warrantholder would be rounded down to the next lesser whole number if the fractional entitlement is less than 0.5 and, in calculating such fractional interest, all Underlying Shares or Underlying Warrants, as applicable, held entitled multiplied by the holder shall be aggregatedamount by which the Current Market Price exceeds $2.10.